Archive for the ‘Equitable Division/Property Division’ Category
Posted Tuesday, November 1st, 2011 by Gregory Forman
Filed under Attorney's Fees, Child Support, Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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In the October 31, 2011 opinion in Burch v. Burch, 395 S.C. 318, 717 S.E.2d 757 (2011), the South Carolina Supreme Court finally ratifies the passive versus active gain distinction the Court of Appeals has used for years in determining the valuation date for marital assets that change value between the date of filing and the [...]
Tags: Attorney's Fees, Child Support, Equitable Division/Property Division, Marital Litigation in South Carolina, Private School Tuition Support, Roy T. Stuckey, South Carolina Supreme Court
Posted in Attorney's Fees, Child Support, Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Thursday, October 27th, 2011 by Gregory Forman
Filed under Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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In August I blogged about an appellate loss by my friend and colleague, Thomas F. McDow, in the case of Pittman v. Pittman. Last week the Court of Appeals modified its opinion, 395 S.C. 209, 717 S.E.2d 88 (Ct. App. 2011). For reasons I assume are oversight this modified opinion did not appear in the October listing [...]
Tags: Equitable Division/Property Division, South Carolina Court of Appeals, Thomas F. McDow, Transmutation
Posted in Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, September 7th, 2011 by Gregory Forman
Filed under Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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The August 31, 2011 Court of Appeals opinion in Nestberg v. Nestberg, 394 S.C. 618, 716 S.E.2d 310 (Ct. App. 2011) is the second of two Court of Appeals opinions from that date in which that court analyzed the issue of marital economic misconduct as applied to equitable distribution of marital assets. In Nestberg, shortly prior [...]
Tags: Equitable Division/Property Division, South Carolina Court of Appeals
Posted in Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Tuesday, September 6th, 2011 by Gregory Forman
Filed under Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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The August 31, 2011 Court of Appeals opinion in Barrow v. Barrow, 394 S.C. 603, 716 S.E.2d 302 (Ct. App. 2011) analyzes the issue of “misconduct” in the context of equitable distribution awards. It represents a substantial victory for local family court attorney, colleague, and friend, Anne Frances Bleecker. The opinion is hard to follow because most attorneys [...]
Tags: Anne Frances Bleecker, Equitable Division/Property Division, South Carolina Court of Appeals
Posted in Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 6 Comments »
Posted Thursday, August 11th, 2011 by Gregory Forman
Filed under Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
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The August 10, 2011 Court of Appeals opinion in Keefer v. Keefer involved a dispute between which of two Qualified Domestic Relations Order (QDRO) plans from Husband’s employer the parties intended to use when they entered their separation agreement. As part of their divorce the Keefers entered a separation agreement which, in the part relevant [...]
Tags: Equitable Division/Property Division, QDRO, South Carolina Court of Appeals
Posted in Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | No Comments »
Posted Wednesday, August 3rd, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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N.B., the Court of Appeals opinion in Pittman v. Pittman was subsequently refiled with a different analysis on the transmutation issue. See Rearranging the deck chairs Thomas F. McDow is a friend of mine and an exceptional attorney. When I noted that the appeal he pursued in Pittman v. Pittman, resulting in a published decision today [August [...]
Tags: Alimony/Spousal Support, Attorney's Fees, Equitable Division/Property Division, South Carolina Court of Appeals, Thomas F. McDow
Posted in Alimony/Spousal Support, Attorney's Fees, Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Tuesday, May 31st, 2011 by Gregory Forman
Filed under Equitable Division/Property Division, Jurisprudence, Not South Carolina Specific, Of Interest to Family Law Attorneys
2 Comments »
The May 30, 2011 New York Times reports a story about a husband, a partner at a powerful New York City law firm, attempting to reopen his marital property settlement because the value of a major asset he kept in the settlement, shares in the Madoff account, declined in value when it was learned that [...]
Tags: Equitable Division/Property Division, New York Times, Post-Trial Motions
Posted in Equitable Division/Property Division, Jurisprudence, Not South Carolina Specific, Of Interest to Family Law Attorneys | 2 Comments »
Posted Wednesday, May 11th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Division/Property Division, Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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The 2006 Court of Appeals opinion in Simmons v. Simmons, 370 S.C. 109, 634 S.E.2d 1 (Ct. App. 2006) voided a provision in the parties’ 1990 court-approved equitable distribution agreement that gave Wife a portion of Husband’s Social Security benefits. The Court of Appeals found that this provision violated 42 U.S.C. § 407(a) of the Social [...]
Tags: Alimony/Spousal Support, Civil Procedure, Equitable Division/Property Division, Jurisprudence, Paul Tinkler, Post-Trial Motions, South Carolina Supreme Court
Posted in Alimony/Spousal Support, Equitable Division/Property Division, Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
